Chapter 9.12 CIVIL EMERGENCY

Chapter 9.12
CIVIL EMERGENCY

Sections:

9.12.010 Proclamation of civil emergency.

Whenever a civil emergency, or the imminent threat thereof, occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of or damage to property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor may forthwith proclaim in writing the existence of a civil emergency. In the absence of the mayor, the mayor pro tem may declare an emergency and exercise all other powers awarded to the mayor in this chapter. For purposes of this chapter, a “civil emergency” means:

A. A riot, insurrection, enemy attack, sabotage or other hostile action; or

B. A natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause.

C. For purposes of Chapter 8.16 EWMC, the existence of fire hazard conditions, the determination of which is supported by information from the Douglas County fire marshal or other appropriate authority as determined by the mayor. (Ord. 22-04 § 5 (Exh. A), 2022; Ord. 88-3, 1988)

9.12.020 Action which may be taken.

A. If the mayor proclaims a civil emergency under EWMC 9.12.010(A) or (B), and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:

1. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours as she/he deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;

2. An order requiring any or all business establishments to close and remain closed until further order;

3. An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open;

4. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

5. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;

6. An order prohibiting the carrying of any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that such an order shall not apply to firearms or to peace officers or military personnel engaged in the performance of their official duties;

7. Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practical time, be presented to the city council for ratification and confirmation, and if not so ratified and confirmed, such orders shall be void.

B. If the mayor proclaims an emergency under EWMC 9.12.010(C), the mayor may order a ban on sales and discharge of fireworks within the city limits. The mayor’s ban may be rescinded by a vote of a majority of all councilmembers at any regular or special city council meeting. (Ord. 22-04 § 5 (Exh. A), 2022; Ord. 12-17 § 3, 2012; Ord. 88-3, 1988)

9.12.030 Delivery to news media.

The mayor shall cause any proclamation issued pursuant to the authority of this chapter to be delivered to all news media within the city and shall utilize such other available means, including public address systems, as shall be deemed necessary by the mayor to give notice of such proclamations to the public. (Ord. 22-04 § 5 (Exh. A), 2022; Ord. 88-3, 1988)

9.12.040 Violation.

It shall be a misdemeanor to fail or refuse to obey any order proclaimed by the mayor or mayor pro tem pursuant to the provisions of this chapter. (Ord. 22-04 § 5 (Exh. A), 2022; Ord. 88-3, 1988)